massacre. as long as trump longs to fire the guy coming at him it's only a matter of time the fuse reaches the bomb and we learned that donald trump has a very short fuse. that's "hardball." thanks for being with us. >> tonight on all in -- the president attacks his own justice department. >> i am being investigated for firing the fbi director by the man who told me to fire the fbi director. witch hunt. >> tonight top democrats amplify fears of another saturday night massacre. >> the the president would fire mueller or rosenstein that would be a d.c. >> first vice president mike pence and now the rest of trump world lawyers up. exclusive new reporting. >> then the latest attempt from democrats to stop the republican

trumpcare bill and two years after the escalator. >> a lot of the bun dids on television donald will never run. this is going to be an election in many opinion that's based on confidence. >> when all in starts now. >> good evening from new york i'm chris hays the president of the united states added an experienced former prosecutor to his legal team as more and more of his associates are hired permanent lawyers to deal with the expanding russia investigation. this as the president continues to attack the officials overseeing that investigation including his own deputy attorney general. the statement on twitter this morning the president acknowledged for the first time he's under investigation for obstruction of justice. i am being investigated for firing the fbi director by the

man who told me to fire the fbi director, witch hunt. the president appears to have been referring to rod rosenstein the deputy attorney general who wrote the memo initially used as pretext for fires jals comey. the memo stops short for calling for comey's dismissal and in an interview withlesser hot the president said he planned to fire comey with or without input from rosenstein whom he praised at the time for his integrity. >> i was going to fire regardless of recommendation. he made a recommendation. he's highly respected. very good guy. very smart guy. the democrats like him. the republicans like him. he made a recommendation. regardless of recommendation i was going to fire comey. >> the president's intense on rosenstein intensified concerns about the independent of the probe being led by robert mueller which is invest vating

whether the president committed a crime. rosenstein who appointed mueller is the only official who can dismiss him. the deputy a.g. testified this week he sees no cause for doing so. today diane feinstein released an uncontact ris cli heated statement responding to the president. >> i'm growing increasingly concerned the president will attempt to fire robert mueller but also deputy attorney general rod rosenstein who appointed mueller. the message the president is sending through his tweets he believe it is rule of law doesn't apply to him and anyone who thinks otherwise should be fired. that's un-democratic on its face and a blatant violation of office. the president ignored reports questions today while leave it is white house.

>> reporter: mr. are the are you under investigation by the fbi? >> reporter: are you going to fire mueller? >> reporter: mr. president, do you still have confidence in rosenstein? >> all this comes after a, well, per plexing statement by rosenstein out of the bluff which appeared to echo the president's fear of leaks. americans should exercise caution as true any stories at tribted to the anonymous officials particularly when they do not identify the country let alone the branch or agency of the government. >> the statement was not directed to the white house according to an anonymous official at the white house to spoke to nbc news. >> abc news and the washington post report rosenstein he may have to recuse himself from the investigation. the deputy attorney general could be called as a witness

over his role in comey's firing. rosenstein sees now reason now to step aye said. if he did the investigation of the russia probe would fall to rachel brand. >> congressman diane feinstein is a fellow representative of the state of california very strong words. a violation of the oath of office. what's your response to that? >> i agree with senator feinstein. all americans regardless of party agree no one is above the law. if president trump would fire deputy attorney general rosenstein and got special counsel mueller fired i believe congress would begin impeachment proceedings. >> you think it's that clear? that would be a trip wire, a point of no you were if he were to do that even for republican

members of congress? >> absolutely. that's what president nixon did. that's a principal our nation upheld during water gate. if you're going to fire everyone who's investigating you congress will impeach. >> there was a lot of words this morning the president confirmed he was under investigation. this was from nbc. the president hasn't been notified he's under investigation despite his tweet. the president is consuming the news and tweeting about it right? >> that's correct. having been a former prosecutor you don't notify targets of your investigation they're being investigated. you could but you don't have to. there's no reason to have to notify the president. >> how far into a -- it's no this a institutional crisis. it occurred to me if rosenstein recuses himself first of all do you think it's appropriate he do

that since he was involved in the firing of comey which seems to predicate the obstruction of justice? do you feel confident him overseeing the investigation? >> only the acting attorney general in this case can fire special counsel mueller and only for good cause. department attorney general rosenstein said he's not going to fire special counsel mueller. he hasn't seen good cause. i want him there. on the other hand if in fact deputy attorney general rosenstein wrote a fake memo because he knew comey was being fired because of russia investigation he would have to recuse hif recuse himself. >> it feels like some sort of inception. the snake is eating its tail. the president doesn't seem to accept the kind of

constitutional normals of the department of justice. this is an ap reporting. advise ors describe the president increasingly angry over the investigation yelling at television sets in the white house and yelling at television sets. it appears the president doesn't abide by the normals of the department of justice. >> you're absolutely correct. when i read the president's series of tweets this morning i felt donald trump is on the verge of a melt down. not only were these tweets wildly inappropriate they're weakening his -- he's waived any type of executive privilege for these witnesses. >> when you say melt down what do you mean by that? you hear people talk about his

concerns about his disposition in this particular moment. what do you mean by that? >> two things he can weeng evening his own legal position. he's actually doing harm to his legal case by waving executive privilege. that makes it hard for the white house to say that his witnesses and himself if he was subpoenaed by congress would not be able to comment on it. second he is taking on the rule of law. the rule of law is going to win. that's what happens when someone becomes desperate on the verge of a melt down. >> congressman thank you for you time. joining me now an in carney white house reporter for "politico" and jeffrey let me start with you. the closest an log we have is saturday night massacre. it seems like we're in some twisted legal territory where

rosenstein is implicated in the obstruction investigation by mueller. if he's going to recuse we'll be down to the ninth official in d.o.j. overseeing the most important investigation. >> yes, it is twisted in the way you described. the question of whether it's a constitutional crisis is a really interesting one. i persuaded by legal scholars who say a constitutional crisis is when the ordinary institutions don't have an answer. eventually robert bourque fired the special pros kurter. in the end as long as rosenstein is not a subject of the investigation it seems like democrats want him to stay. there is this d.o.j. regulation that says if you're the subject of an investigation you have to resign. that could take you to ra ched brand who's the number three but

all the way down. >> to the congressman's point annie the president is tweeting in violation of his legal advice. all the folks i've heard they communicate a man who is obsessed. he can't let it go an focus on other things. is that a fair characterization? >> that's fair. no one but donald trump thinks the tweets are a bad a idea. everyone from his wife to his lawyers have tried to stop him. i think the real question just to the point about going down the line at the d.o.j. this problem is conflicting with another problem with the trump administration which is getting government positions fill and getting people confirmed. after rachel brand it should go to the solicitor general and then next in line five u.s.

attorneys. none of those people have been confirmed. therefore they can't be next in line to serve as acting attorney general. it goes down even further. it's just interesting that two issues the trump administration is having are coming to play together here. >> insofar as it seems the obsession with this there has not been -- oddly he's obsessed the deep state or institution al character of the permanent burr kra si is out to get him. he failed to fill the positions in the department of justice or others that would be able to implement whatever his political vision was. >> that's right. when you attack institutions then you are especially vulnerable because you have no loyalists or people on your side to stand up for you when the other institutions are trying to do their jobs. that was nixon's fundamental

mistake. he thought by going down the line he could save his presidency. that was what triggered impeachment proceedings. so interesting for the congressman to think that would be a difference. the legal definition of obstruction is murky. it's going to take a judgment by congress. >> i had the feeling annie this morning how many times have i had the feeling of wow what is going on. i can't believe this is happening. we're heading over some impending cliff and time and time again you don't hit the bottom. you've just keep falling. here we are. this morning i did feel if i were reading that in a senate office or paul ryan's office this is someone who is making the situation worse for himself in a way he can't seem to help himself and lord knows what will come next. do you think that's their

feeling? >> yes we've seen sean spicer do it in the briefings. when we ask him about donald trump's tweets he say the tweets speak for themselves. they have don't want to comment. the tweet speaks for themself should be the press secretary catch phrase. >> today the tweet didn't speak for itself. white house officials told reporters he was reacting to the news. it's notable for once they actually tried to explain away a tweet rather than saying it speaks for itself. that shows a level of concern. >> they were troubled enough by leaving it there to speak for itself they -- >> they had a rapid response saying he's not really saying what he said. >> jeffrey do you think -- what do you think the role of the white house counsel's office is

here? it seems to me don mcgahn the white house counsel is the great invisible figure. everything happen don mcgahn shouldn't be letting it happen. yet it happens. i can't tell whether he's a terrible lawyer or not being listened to. >> it seems like he's not being listened to. go back to the clinton impeachment. the main player should be the attorney general in this case the deputy and the president's personal lawyer. i wouldn't imagine the president would be talking to the white house counsel to figure out what to do here. >> thank you both. still ahead as trump's former campaign manager and the vice president lawyer up the president adds fire power to his own legal team.

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>> president trump just added another lawyer to the legal team. he's assembled in response to the russia investigation. john dowd a former prosecutor with did he said of experience in washington d.c. he investigated pete rose's gamb gamble allegations. members of the president's inner circle are hiring their own lawyers. donald trump's personal attorney michael koen hired a person lawyer. and vice president mike pence has hired a criminal lawyer to represent him. >> visiting miami today pence insisted the hire was totally normal. >> reporter: any comment about

your counsel? >> very routine. >> others in trumps orbit lawyering up include paul manafort, communication adviser michael ka pu to. carter page. the legal hiring strpree comes less than a week since he told aides it was not necessary for him to hire private lawyers. joining me now . mark kasowitz is subject to an ethics complaint. that seems to be a violation of the rules. >> it's a very clear violation of the rule if it happened. rule 4.3 of professional responsibility says if you have

any reason to believe that the person that you're speaking to that's not represented by counsel has interests that could be adverse to your own client then it is i am proper for you to give legal advice. telling someone they shouldn't hire a lawyer is legal advice. it's bad legal advice that fortunately these people aren't following. >> katie you had a report of everyone the president knows lawyering up. >> not everybody. we don't know how many folks from the campaign lawyered up. a couple have. one is michael ka pu to who worked for a short time for the trump campaign. he was part of the getting convention done. the platform at the convention. >> that's interesting. >> he was brought in by paul manafort. he is working with the house intelligence committee to testify potentially sometime in

mid july. i'm told he wants to do that in open session very specifically. right now his lawyer is trying to negotiate that. it's unclear whether that will happen or not. very notable is the fbi had contacted ka pu to. they say that they want to talk to him before he talks to the house intelligence committee. a little background on him he lived in russia for a time. he does have tie toss russia. the other person is michael cohen donald trump's personal attorney. he was not part of the campaign. he worked with the trump organization. now he is donald trump's personal attorney. he hired a lawyer as well. he's going to be testifying in front of the house intelligence committee on september 5th. why so much later than everybody else? they're saying scheduling logistics. they go on recess for the month of august. it is notable donald trump's lawyer has now hired a lawyer. >> what's interesting to me

about that is that you would think a lawyer -- everyone wants a lawyer and lawyers get lawyers the same way therapist get therapists. his communications with his client would be privileged. he appears to have been doing other things including set up a back channel peace plan with the ukraine that would mean he would separate representation. >> right. i represent a lot of clients. i'm in the office or the courtroom. i'm speaking privately with my clientings. i'm not on secret envoys. he's not acting as much as a lawyer when he does that but he's taking part in activities he'll be asked to testify before congress. he does need his own lawyer. >> he is. let's point out he denies going over seas and meeting with russian envoys. there's a report that has not been confirmed he met with

russian envoys an officials in prag. michael cohen denied that. there is a meeting in a new york hotel between michael cohen and a ukraine law makers he gave him a plan to ease sanctions. michael cohen has told the "new york times" that's not true. actually he threw it in the trash and recommended it should be given to michael flynn. >> i'm not talking about that. the meeting with this ukraine figure did happen. >> it did happen yes. >> to renado's point that's not covered by privilege. that's presumably why they want to talk to him. >> one of the many reasons. the allegations in the dose yay are floating about.

they want to find out where he's gone an who he's spoken to. they've shown his passport to reporters. i've seen it. there's no stamp for prag. you've would n necessarily get a stamp for prag if you're in italy. the other thing i want to know the trump campaign hasn't -- those that worked for the trump campaign have been sent a letter by michael glass inner saying preserve all the documents you have relating to this campaign. that includes text messages and e-mails. all electronics personal or otherwise you may have used. they have not been contacted by mueller or the fbi as of now but this is a clear indication they know they're going to be contacted by mueller and his team at some point. >> in terms of obstruction it becomes very important for -- particularly if you're being

investigated for obstruction that apparently the president is you not be destroying documents and the like. >> for sure. if you've anticipate those documents are going to be relevant to a criminal investigation and you destroy them that could be evidence used to prove obstruction of justice. it's important to retain everything and it's a smart. >> what struck me with that letter that white house and that campaign have seen so done for so long. having been in washington and the culture of the obama white house it was very lawyerly. this letter sticks out for not being normally the way things work. >> look who sent this letter. michael glass inner. he's someone who has experience in washington. he knows how things work and knows how to no get himself in trouble.

many people in the campaign were not political savant. corey lewandowski is not a political savant. jared kushner is not somebody who knew the ins and outs and the rules which is part of the reason why he is now under investigation as well. not under investigation part of the investigation, a person of interest. it's what allowed them to get elected but it's also now potentially getting them into trouble. >> thanks to you both. tomorrow night msnbc looks ae water gate schedule. all the president's men revisited on saturday night. up next the outrageous plan might be cooked up by the senate majority leader. that's ahead. isaac hou has mastered gravity defying moves to amaze his audience.

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>> this massive piece of legislation seeks to restructure our economy is being written behind closed doors without input by anyone in an effort to jam it past not only the senate but the american people. >> that was senate majority leader describing with accuracy what he is now running to pass the health care bill. those comments were october of 2009 and he's talking about obamacare. there was tons of public input and more than a year of

hearings. by contrast mcconnell is writing his bill in secrecy excluding democrats and the public. l.a. times reports 15 patient groups asked mcdonl office to meet with them. they were told mcconnell is too busy. it's being drafted by 14 men no women who won't share the text with their republican colleagues. >> none of us have seen the language of the bill. washington post reports at least one senator complained the digital slides are flashed across the screen so quickly they can hardly be committed to memory. senate republicans can't say what the bill is trying to do. five times fox reporters asked john mccain what policy problems the bill is trying to solve. they're trying to get to 51 vote toss pass it. there's a simple explanation for

the secrecy. republicans know whatever they release is going to be exceedingly unpopular. the house version of the bill president trump described as mean is currently poling at 17% approval. all of that aside mitch mcconnell may have a strategy to pass it anyway. it's unbelievably dooef use. the plan up next. and administrative paperwork... your days of drowning people are numbered. same goes for you, budget overruns. and rising costs, wipe that smile off your face. we're coming for you, too. for those who won't rest until the world is healthier, neither will we. optum. how well gets done. ♪

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>> republicans don't want the american people to see the bill. they're so ashamed of their health care plan they want to pass it in the dead of night. no hearings. no amendments. rush it through. it's not a bill they're proud of. if they were proud of the bill, they would say let's debate it. >> the secret process for drfting its heerk might get more outrageous. my next guest has said mix mcconnell might use a maneuver that will eliminate debate. >> you've been someone very plugged into what's going on on the hill around this. you have a lot of connections to folks on health care policy.

you tweeted something mcconnell is considering a procedure that would allow them to file an empty bill, let time for the debate go by and try to pass it in a few hours. do i have that right? >> you have that right. no one really knows what mcconnell is going to do. no one knows what's in the tegs of the bill. no one is clear what his process is. what we're hearing the absolute minimum he can do normally is a 20-hour debate. with the special process they can put in a substitute bill say the bill that passed the house leave the democrats to debate that bill an substitute in new senate bill over the very last hour. >> meaning like an hour before? honestly what you're saying the procedure al mechanism might

exist to essentially have the senate vote on a bill that's been public for an hour or two? >> what they would do is make the last amendment the substitute amendment and it would basically say we're going to substitute a new bill in the place of the bill we've been debating and that's the bill that gets voted on. >> this process is unlike anything i've ever seen. >> that's right. >> there is pressure that's being brought to bare. one of the key figures is dean he' heller. i thought something interesting happened. a letter was sent from a number of governors including kasich of ohio sand value of nevada nevada. charlie baker of massachusetts is on there basically objecting to the house bill.

that put some real pressure on heller doesn't it? >> yes. what that letter says -- it's very interesting. that this bill in effect is a $1.1 trillion take over from the federal government of the states ironic given all the talk of states versus federal and a pull back of community resources through the major shet down of medicaid. they're basically saying take medicaid off the table. focus on the things that need to be improved with the exchanges. you'll have our bipartisan support. i think as governors they speak for many other governors an the senators better be paying attention. >> medicaid is where the money is. you want to get rid of all those taxes on the rich that were park of obamacare. to make up for it is to get the money out of the system in medicaid. >> that's right.

the math works this way. if you want to pass a tax cut for millionaires, medical device companies. pharmaceutical companies and health insure companies you have to take a significant amount of health care away from the bottom 40% of income earnings. it's extraordinarily redistribution math. >> it's not easy to defend. the house had a hard time. it was killed when it was public. they gid a sneak attack and got it passed. now the senate is trying the same thing. >> now we're at why is the bill being kept secret. repeal and replace is open to interpretations. one thing that was never talked about was cutting medicaid between 25% an 45%. as you know chris there's a tweet from trump which says

medicaid along with medicare and social security will not be touched. this is why it has to be done in secret. it's not random. >> thanks for your time tonight. >> two years the day after he swept down the escalator into the presidency how much has donald trump's been derailed by the investigations. tonight thing one, thing two after the break. dear son, i know you worry i can't keep up with our weekly tee times. but i've been taking osteo bi flex ease. it's 80% smaller, but just as effective at supporting range of motion and shows improved joint comfort

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by just about all accounts opportunity for carson to supplement his knowledge of housing has not gone well. he's gone from world reknown neurosurgeon to donald trump's pick to maintain housing across the country. carson has no experience for this new job although he's claimed otherwise. >> what would stereo to take a job for which a lot of folks say you have these ample medical did he degrees, one of the nation's top neurosurgeons what do you know about doing this? >> i know i grew up in the inner city and spent a lot of sometime there and dealt with a lot of patients from that area. >> like carson the president has appointed another hud officials who doesn't have a lot of experience. he has a lot of experience planning celebrity ents and

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>> the bible tells us you can judge a tree by the fruit it bears. if you embrace these words then you embrace donald trump because he has raised the best young adults i have had the privilege to know. eric, don, ivanka i love you like the siblings i never had. you are compassion nate charitable you are my heros. >> that was lynn pat ton vice president of the trump foundation. he became donald trump's pick to lead the department of urban development in new jersey. that's overseas housing for hundreds of thousands of people who depend on their domicile.

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>> the 16th that was the day i came down with melania on the escalator at trump tower. that's tomorrow. so it's exactly tomorrow two years since we announced. it worked out okay. worked out okay. >> president trump missed the opportunity to mark today as the two year anniversary of his presidential campaign announcement. he apparently believes the 16th

is tomorrow and it is the two year anniversary of president trump's fateful trip down the escalator when it is safe to say no one took his campaign seriously. >> there's been no crowd like this. some of the candidates went in. they didn't know the air conditioner didn't work. they sweated like dogs. >> dogs don't really sweat. the candidate he was talking about was rick perry who announced in an airplane hanger in texas. candidate trump beat perry on the way to the white house. two years later the score card on his promises is not nearly so triumphant. >> i would repeal and replace obamacare. i will build a great great wall on our southern border and have mexico pay for that wall. i will immediately terminate

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today president trump unleashed tough talk on cuba, but the executive order he ordered reason states travel and business restrictions but doesn't undo the obama era policy thus he claims credit while leaving in place swan debacle. executive orders and a travel ban sanctuary cities stalled in court a brutally low approval rating, and everyone lawyering up. on the other hand, gorsuch on the supreme court, skroot pruitt are dismantling the environment of the previous administration. and the senate is one week away from repealing obamacare. joining me is michelle goldberg. i go back and forth on this.

is the president kplishds a lot while people aren't recognizing how much he's getting accomplished, or is it an abysmal failure? >> i think both of the scenarios, chris, that you just laid out equal debacle because he has done quite a bit, but i think what he's done has been altogether damaging both to the country and internationally as well. it was only two weeks agohat were talking about the withdrawal from the paris accord, which is -- sets back, you know, all of the goals of environmental progress that the obama administration spent years negotiating. the senate is practically in

lockdown right now negotiating their bill to repeal obamacare in complete seeksy. no billing of democrats to find out what's in the legislation at this point. appointees who oppose the missions of their cabinet agencies in almost all respects, a budget that has savagely taken money from housing programs from the poor, federal money for the schools, one of the only areas that president trump has actually wand to increase money in is in charter schools. so i think that below the surface he's been doing a whole a lot of damage, and obviously some people may see that as a accomplishment, but i don't.

>> jill, the budget is a perfect example, michelle. the budget there's a question whether they get that through congress, and some say say it's doa. some of the things they do administratively have been more effective or even i.c.e. enforcement, than the places where they do have to move things from the hill where they have a harder time so far. what do you think of that, michelle? >> i think they're better at destroying things than building things. when you're running the white house, even terribly, you can appoint incompetent people who are hostile to the missions of their agencies, you can cause a tremendous a damage, sabotage international agreements. you don't need to build anything to do any of that. where he hasn't been able to do very much is where he actually has to corral people, proposal

ideas, if if not constructive ideas, ideas that have some sort of surface plausibility. he can't pass legislation with an all republican congress. it's not as if he's facing kind of partisan gridlock. he just can't even bring conservative republicans together. so i think what he'll do is where his agenda dove tails with the ryan agenda. >> jill, that's exactly what i think is so interesting particularly to go back and look at that tape from two years ago. he ran for that first day as a builder. infrastructure, build the country, competent, i'm going to build the wall. literally he was like, i build stuff. this country needs someone to build. >> he's a builder of buildings. that's all he had to run on when

he was introducing himself two years ago. it's a perfect metaphor for his candidacy. but rather than build, he's been tearing down. when we talk about internationally, i was just in berlin. people there are agape at what he has done to undermine the post-world war ii western alliance, the miracles of the latter part of the 20th century. it's really something. it's the opposite of building. it's a very destructive tearing away at things that i'm not even sure he has deep historical understanding of. >> one place he's been very good is in getting judicial nominees.

to michelle's point, this intersection of ryanism and trump, he just nominated a slate of federal judges. >> the federalist society owns that process. >> that's where they've outsourced. thank you very much. that is "all in" for this evening. >> have a great weekend. thanks to you at home for joining us this hour. we have a lot going on in the nudes tonight, particularly a bunch of news out of washington tonight. here on this show, we've got president obama's white house counsel joining us tonight for the interview i'm very much looking forward to that. we have a lot to get to. before we dive into some of that news tonight this hour, i do want to first update you on this strange and i have to say now bad story off the coast of japan tonight. this is the uss fitzgerald. it's a navy destroyer. it's a large